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The Ministry of Labour has announced that, as ofJuly 1, 2018, public holiday pay entitlements in Ontario will be calculated using the formula that existed prior to the enactment of the Fair Workplaces, Better Jobs Act, 2017 (FWBJA). Many commentators - including the authors of this blog - had noted that the new formula contained in the FWBJA resulted in a significant windfall for casual employees and arguably unjustified costs for Ontario employers. The Ministry of Labour has responded to these concerns by reinstating the old public holiday rules on an interim basis while it reviews how to simplify public holiday pay entitlements under the Employment Standards Act, 2000 (the ESA).

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On April 26, 2018, the Ontario government passed Bill 3, the Pay Transparency Act, 2018. The Pay Transparency Act, 2018 imposes requirements for employers relating to the disclosure of information about the compensation of its employees and prospective employees for the purpose of promoting “gender equality and equal opportunity” in employment. The new legislation follows on the heels of the Ontario government’s recent amendment to the Employment Standards Act, 2000, which came into effect on April 1, 2018, and requires employers to provide equal pay for part-time, temporary and seasonal employees who perform the same job as full-time employees. (Find our previous blog post on Bill 148 here.)

While the Ontario Court of Appeal has had a number of occasions in the last couple of years to weigh in on the question of what makes for an enforceable termination provision in an employment agreement, whether it has in any way stemmed the flow of litigation in this area is a matter of some debate.

In Lancia v. Park Dentistry, 2018 ONSC 751, the Ontario Superior Court found that an employee who resigned after her employer provided 18 months’ notice of changes to certain terms of her employment and a signing bonus had not been constructively dismissed.

A recent decision of the Ontario Superior Court highlights the importance of including a comprehensive release in any separation package offered to an employee upon dismissal, particularly in the context of the #metoo movement where workplace sexual harassment has become a top concern for employers.

In a good-news decision for employers, the Ontario Court of Appeal upheld another less than perfect termination provision, adding to its growing collection of decisions on the issue of the enforceability of termination provisions in individual employment contracts.

In connection with the changes to the Employment Standards Act, 2000 coming into force on January 1, 2018, the Ministry of Labour has published a new version of the Employment Standards Poster. Employers are required to post the most recent version of the Employment Standards Poster in the workplace where it is likely to come to the attention of employees and must provide a copy to every employee. The poster must be displayed in English however if the majority language of the workplace is a language other than English, and the Ministry of Labour has published a version of the poster in that language, employers are required to post a copy of the translation next to the English version of the poster.

Ontario employers can be forgiven for a lack of enthusiasm in ringing in 2018. Several significant changes to the Employment Standards Act, 2000 (the “ESA”) come into effect as of January 1, 2018 and many employers are scrambling to ensure that their policies and practices are up to date. However, the ESA amendments are not the only employment issues that should be on your radar for 2018. We’ve put together a short list of suggested New Year’s resolutions to help employers proactively address potential workplace issues in 2018 and beyond.

Bill 148 made significant amendments to Ontario’s Employment Standards Act, 2000. Below we have provided a timeline outlining when the most significant changes will come into force. Please note that this is a summary only, and does not contain all of the details relating to the amendments outlined below. Should you require further information regarding any of the amendments, please contact one of the lawyers in CBB’s Employment and Labour Group.

The federal government recently introduced a bill in the House of Commons that would amend both the Canada Labour Code (the Code) and the Parliamentary Employment and Staff Relations Act to address concerns regarding workplace harassment and sexual harassment. The government says that Bill C-65 is intended to provide victims of workplace bullying, harassment and sexual harassment with better protections and support. It also aims to prevent workplace harassment and bullying by making employers responsible for ensuring that their workers are not subjected to risk of “accidents and physical or psychological injuries and illnesses.” Previously, the Code’s workplace safety provisions were primarily focused on accidents and injuries. The inclusion of psychological injuries and illnesses is a significant expansion of the employer’s health and safety responsibilities toward its workers. The draft Bill would also expand the protections in Part II of the Code (which relate to workplace safety) to Parliamentary employees, who had previously been exempt from those provisions of the Code.

To achieve these goals, Bill C-65 would require federally regulated to take the following steps:

On October 18, 2017, the Government of Ontario announced that between October 18, 2017 and December 1, 2017, it will be seeking input from the public to review certain exemptions under the Employment Standards Act, 2000 (the “ESA”). The announcement signals a potential for further changes to labour and employment laws in Ontario in addition to those currently contemplated under Bill 148.

On June 1, 2017, the Ontario Government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017. As we have previously reported, if passed, Bill 148 will significantly alter the employment and labour landscape in Ontario. Today, Bill 148 passed Second Reading after debate in the Ontario Legislature, moving one step closer toward becoming law. The Ontario Government published a news release regarding the Bill’s status, which can be found here.

The Human Rights Code Amendment Act, 2017 (“Bill 164”) was introduced to the Ontario Legislature and passed First Reading on October 4, 2017. Bill 164 proposes to add four new prohibited grounds of discrimination to Ontario’s Human Rights Code:

The Ontario Labour Board has found that Canada Bread’s drivers, who were principals of franchisee corporations that contracted with Canada Bread for the right to deliver products along designated routes, are dependent contractors and capable of being certified into bargaining units.

Many employers have found themselves in a situation where their employee has provided a medical note or doctor’s recommendation that doesn’t seem quite right. But how do you investigate further without invading your employee’s privacy and without breaching your duty to accommodate under the Ontario Human Rights Code (the “Code”)? A recent decision of the Ontario Divisional Court, Bottiglia v. Ottawa Catholic School Board and the Human Rights Tribunal of Ontario 2017 ONSC 2517 (“Bottiglia”) provides some helpful guidance.

On June 1, 2017, the government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017. As we have previously reported, if passed, Bill 148 will significantly alter the employment and labour landscape in Ontario. For an overview of the proposed changes to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act (LRA) found in the original version of Bill 148, see our previous posts on changes to the ESA and changes to the LRA.